Bradford v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. J. M. Bradford was convicted under Code 1896, § 4707, making it an offense to escape from the penitentiary, hirer, or guard, etc. From the sentence and judgment lie appeals. On the former appeal in this case the judgment was reversed, and the case remanded for new sentence in accordance with the decision.
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Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. J. M. Bradford was convicted under Code 1896, § 4707, making it an offense to escape from the penitentiary, hirer, or guard, etc. From the sentence and judgment lie appeals. On the former appeal in this case the judgment was reversed, and the case remanded for new sentence in accordance with the decision. The indictment charges that J. M. Bradford, whose Christian name is to the grand jury unknown, having been convicted of the offense of grand larceny in the city court of Montgomery, of Montgomery county, Ala., at the .October…
1Opinion of the Court
TYSON, C. J. —
When this case was here on former appeal, it was reversed on account of an- erroneous sentence. It was then held -that the trial court should have imposed the punishment fixed by section 4710 of the Code of 1896. That section makes it an offense for -any prisoner to escape from lawful custody, when there is no other punishment prescribed by law, etc. It does not malee, it an offense for a prisoner to attempt to escape, and therefore the punishment prescribed by it cannot be imposed where a conviction is had under an indictment charging such' an attempt as here. Nor does section…
2Cited by5 opinions
- Ex Parte BehelSupreme Court of Alabama · 1981
- Strickland v. StateSupreme Court of Alabama · 1965
- Thornton v. StateCourt of Criminal Appeals of Alabama · 1978
- Strickland v. StateAlabama Court of Appeals · 1965
- Ex Parte BehelSupreme Court of Alabama · 1981